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S4194 - Details

S4194 - Summary

Increases the penalty for robbery of property from a bank; makes the crime a class C felony.

S4194 - Sponsor Memo

BILL NUMBER:S4194
TITLE OF BILL:
An act
to amend the banking law and the
penal law, in relation to increasing the penalty for
robbery of property from a bank
PURPOSE:
To increase the penalties for robbery of a banking institution.
SUMMARY OF PROVISIONS:
Sections 1 and 2 of the bill amend Sections 592(2) and 592-a(2) of the
Banking Law, respectively, to expand the list of felony offenses for
which the Superintendent of Banks may refuse to issue a license to a
mortgage banker or a certificate to a mortgage broker.
Section 3 of the bill adds a new subdivision 4 to Section 160.10 of the
Penal Law to expand the crime of robbery in the second degree to
include property stolen from a banking institution.
EXISTING LAW:

There are no separate provisions which relate to the specific crime of
bank robbery.
JUSTIFICATION:
Over the past decade,. there has been an increase in the number of
bank robberies committed throughout the State, especially crimes in
which threatening notes and comments are made to bank tellers in
conjunction with the robbery. Not only does this crime place
employees and customers at risk, it imposes increased costs on all
consumers.
One continuing problem is the apparent perception among many criminals
that this is a relatively easy type of crime which is not punished as
seriously as other types of crimes. By increasing the penalties for
bank robbery, this legislation seeks to help address this problem.
The bill would establish meaningful penalties to serve as an
effective deterrent and as an appropriate level of punishment.
LEGISLATIVE HISTORY:
See S.2744 of 2007-08
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.

S T A T E O F N E W Y O R K
________________________________________________________________________
4194
2011-2012 Regular Sessions
I N S E N A T E
March 23, 2011
___________
Introduced by Sens. GRIFFO, FARLEY -- read twice and ordered printed,
and when printed to be committed to the Committee on Banks
AN ACT to amend the banking law and the penal law, in relation to
increasing the penalty for robbery of property from a bank
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 592 of the banking law, as amended
by chapter 472 of the laws of 2008, is amended to read as follows:
2. The superintendent may refuse to issue a license pursuant to this
article if he or she shall find that the applicant, or any person who is
a director, officer, partner, agent, employee, substantial stockholder
of the applicant, consultant or person having a relationship with the
applicant similar to a consultant, (a) has been convicted of a crime
involving an activity which is a felony under this chapter or under
article one hundred fifty-five, one hundred seventy, one hundred seven-
ty-five, one hundred seventy-six, one hundred eighty, one hundred eight-
y-five, one hundred eighty-seven, one hundred ninety, two hundred, two
hundred ten or four hundred seventy, OR SUBDIVISION FOUR OF SECTION
160.10 of the penal law or any comparable felony under the laws of any
other state or the United States, provided that such crime would be a
felony if committed and prosecuted under the laws of this state or (b)
has had a license or registration revoked by the superintendent or (c)
has been a director, partner, or substantial stockholder of an entity
which has had a license or registration revoked by the superintendent or
(d) has been an agent, employee or officer of an entity, or a consultant
to, or person having had a similar relationship with, any entity which
has had a license or registration revoked by the superintendent where
such person shall have been found by the superintendent to bear respon-
sibility in connection with the revocation. The term "substantial stock-
holder", as used in this subdivision, shall be deemed to refer to a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09146-02-1

S. 4194 2
person owning or controlling directly or indirectly ten per centum or
more of the total outstanding stock of a corporation.
S 2. Subdivision 2 of section 592-a of the banking law, as amended by
chapter 472 of the laws of 2008, is amended to read as follows:
2. The superintendent may refuse to issue a certificate pursuant to
this article if he or she shall find that the applicant, or any person
who is a director, officer, partner, agent, employee, substantial stock-
holder of the applicant, consultant or person having a relationship with
the applicant similar to a consultant, (a) has been convicted of a crime
involving an activity which is a felony under this chapter or under
article one hundred fifty-five, one hundred seventy, one hundred seven-
ty-five, one hundred seventy-six, one hundred eighty, one hundred eight-
y-five, one hundred eighty-seven, one hundred ninety, two hundred, two
hundred ten or four hundred seventy, OR SUBDIVISION FOUR OF SECTION
160.10 of the penal law or any comparable felony under the laws of any
other state or the United States, provided that such crime would be a
felony if committed and prosecuted under the laws of this state or (b)
has had a license or registration revoked by the superintendent or (c)
has been a director, partner, or substantial stockholder of an entity
which has had a license or registration revoked by the superintendent or
(d) has been an agent, employee or officer of an entity, or a consultant
to, or person having had a similar relationship with, any entity which
has had a license or registration revoked by the superintendent where
such person shall have been found by the superintendent to bear respon-
sibility in connection with the revocation. The term "substantial stock-
holder", as used in this subdivision, shall be deemed to refer to a
person owning or controlling directly or indirectly ten per centum or
more of the total outstanding stock of a corporation.
S 3. Subdivision 3 of section 160.10 of the penal law, as added by
chapter 308 of the laws of 1995, is amended and a new subdivision 4 is
added to read as follows:
3. The property consists of a motor vehicle, as defined in section one
hundred twenty-five of the vehicle and traffic law[.]; OR
4. THE PROPERTY IS STOLEN FROM A BANK, TRUST COMPANY, SAVINGS BANK,
SAFE DEPOSIT COMPANY, SAVINGS AND LOAN ASSOCIATION OR CREDIT UNION, AS
SUCH TERMS ARE DEFINED IN SECTION TWO OF THE BANKING LAW, OR FROM A
FOREIGN BANKING CORPORATION LICENSED PURSUANT TO ARTICLE TWO OF THE
BANKING LAW, OR FROM A BANK, TRUST COMPANY, SAVINGS BANK, SAVINGS AND
LOAN ASSOCIATION, CREDIT UNION OR FOREIGN BANKING CORPORATION WHICH IS
INCORPORATED, CHARTERED, ORGANIZED OR LICENSED UNDER THE LAWS OF ANY
OTHER STATE OR THE UNITED STATES AND WHICH MAINTAINS BRANCH OFFICES IN
THIS STATE.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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